Kerala High Court
Noor Muhammed. N vs Anchillath Cheriya Nadeera on 21 July, 2025
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
R.C. Rev. No. 153/2025 :1:
2025:KER:54163
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE JOHNSON JOHN
MONDAY, THE 21ST DAY OF JULY 2025 / 30TH ASHADHA, 1947
R.C. REV. NO. 153 OF 2025
AGAINST THE JUDGMENT DATED 28.02.2025 IN RCA NO.87 OF
2024 OF ADDITIONAL DISTRICT COURT- IV/ RENT CONTROL APPELLATE
AUTHORITY, THALASSERY ARISING OUT OF THE ORDER DATED
06.06.2024 IN RCP NO.27 OF 2021 OF RENT CONTROL COURT
(MUNSIFF), PAYYANNUR
REVISION PETITIONER/APPELLANT/RESPONDENT:
NOOR MUHAMMED N., AGED 31 YEARS,
S/O. M. ABDUL SALAM, RESIDING AT AL- NOOR,
MOTTAMMAL, P.O. ELAMBACHI, TRIKARPUR GRAMAM,
BEERICHERI, HOSDURG TALUK, KASARAGOD DISTRICT-671
310.
BY ADVS.
SRI.RAHUL SASI
SMT.NEETHU PREM
SMT.RADHIKA V.R.
SMT.VISMAYA K.
RESPONDENTS/RESPONDENTS 1 & 2 AND APPELLANTS 1 & 3 TO 13:
1 ANCHILLATH CHERIYA NADEERA, AGED 33 YEARS
R.C. Rev. No. 153/2025 :2:
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W/O.JUNAID, RESIDNG AT PAYYANNUR AMSOM,
KOKKANISSERI DESOM, PAYYANNUR TALUK,
P.O.PAYYANNUR, KANNUR DISTRICT, PIN - 670 307.
2 THAHA. M. C, AGED 44 YEARS, S/O. LATE. MARIYUMMA. M.
C, MADAPPURAM, KAITHAKKAD,CHERUVATHUR GRAMAM,
HOSDURG TALUK, P.Ο. CHERUVATHUR, KASARAGOD
DISTRICT.,
PIN - 671 313.
3 NAFEESATH, AGED 72 YEARS, W/O. AHAMMED HAJ C. A
HOUSE, PALLATHIL, BEERICHERI, TRIKARPUR GRAMAM,
BEERICHERI, HOSDURG TALUK, KASARAGOD, DISTRICT,
PIN - 671 310.
4 SUHARABI. M.T. P., AGED 59 YEARS, W/O. M. ABDUL
SALAM, SUBI MANZIL, MOTTAMMAL, P.O. ELAMBACHI,
TRIKARPUR GRAMAM, TRIKARPUR GRAMAM, BEERICHERI,
HOSDURG TALUK, KASARAGOD DISTRICT, PIN - 671 310.
5 KUNHIPATHU. N., AGED 54 YEARS,
W/O. M. ABDUL SALAM, AL- NOOR, MOTTAMMAL, P.O.
ELAMBACHI, TRIKARPUR GRAMAM, TRIKARPUR GRAMAM,
BEERICHERI, HOSDURG TALUK, KASARAGOD DISTRICT,
PIN - 671 311
6 SHABANATH. M.T. P., AGED 56 YEARS,
S/O.APPELLANTS BEEFATHIMA, NAFEESA MANZIL, NEAR
THOUFEEQ MAZJID, TRIKARPUR, P.O. BADYAL PEKKADAM,
HOSDURG TALUK, KASAGOD DISTRICT, PIN - 670 310.
7 SHOUKKATH. M.T.P., AGED 56 YEARS,
S/O.BEEFATHIMA,, NAFEESA MANZIL, NEAR POST OFFICE,
KAVVAYI, P.O. KAVVAYI, PAYYANNUR AMSOM, PAYYANNUR
TALUK, KANNUR DISTRICT, PIN - 670 307.
8 RAIHANATH M.T. P., AGED 52 YEARS,
D/O. BEEFATHIMA, AGED 52 YEARS, SUBHI MANZIL, NEAR
THOUFEEQ MAZJID, TRIKARPUR, P.O. BADYAL PEKKADAM,
HOSDURG TALUK, KASAGOD DISTRICT, PIN - 670 310.
R.C. Rev. No. 153/2025 :3:
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9 MYMOONA. M. C., AGED 60 YEARS,
D/O. LATE MARIYUMMA. M. C, AGED 60 YEARS,
MADAPPURAM, KAITHAKKAD, CHERUVATHUR GRAMAM,
HOSDURG TALUK, P.O. CHERUVATHUR, KASARAGOD
DISTRICT., PIN - 670 310.
0 ABID. M. C., AGED 57 YEARS,
S/O LATE MARIYUMMA. M. C, MADAPPURAM, KAITHAKKAD,
CHERUVATHUR GRAMAM, HOSDURG TALUK, P.O.
CHERUVATHUR, KASARAGOD DISTRICT, PIN - 670 310.
11 ABDUL JALEEL. M. C., AGED 55 YEARS,
LATE MARIYUMMA. M. C, MADAPPURAM, KAITHAKKAD,
CHERUVATHUR GRAMAM, HOSDURG TALUK, P.O.
CHERUVATHUR, KASARAGOD DISTRICT, PIN - 670 310.
12 FATHIMA. M. C., AGED 50 YEARS,
D/O. LATE MARIYUMMA. M. C MADAPPURAM, KAITHAKKAD,
CHERUVATHUR GRAMAM, HOSDURG TALUK, P.O.
CHERUVATHUR, KASARAGOD DISTRICT, PIN - 670 310.
13 RAIHANATH. M. C., AGED 50 YEARS,
D/O. LATE MARIYUMMA. M. C, MADAPPURAM, KAITHAKKAD,
CHERUVATHUR GRAMAM, HOSDURG TALUK, P.O.
CHERUVATHUR, KASARAGOD DISTRICT, PIN - 670 310.
14 BUSHRA. M. C., AGED 42 YEARS,
D/O. LATE MARIYUMMA. M. C MADAPPURAM, KAITHAKKAD,
CHERUVATHUR GRAMAM, HOSDURG TALUK, P.O.,
CHERUVATHUR, KASARAGOD DISTRICT, PIN - 670 310.
THIS RENT CONTROL REVISION HAVING COME UP FOR
ADMISSION ON 21.07.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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A.MUHAMED MUSTAQUE & JOHNSON JOHN, JJ.
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R.C. Rev. No. 153 of 2025
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Dated this the 21st day of July, 2025
ORDER
Johnson John, J.
This revision petition is filed by the tenant challenging the order of
eviction passed under Section 12(3) of the Kerala Buildings (Lease and
Rent Control) Act, 1965 ('the Act' for short) by the Rent Control Court
and confirmed by the appellate authority.
2. The learned counsel for the revision petitioner/tenant argued
that the Rent Control Court and the appellate authority failed to consider
the financial difficulty of the tenant as a sufficient cause for non-
payment of rent.
3. Per contra, the learned counsel for the respondent/landlord
argued that the Rent Control Court has duly complied with all the
statutory mandates contemplated under Section 12 of the Act and there
is no illegality or impropriety in the order.
2025:KER:54163
4. Under Section 12 of the Act, the tenant is entitled to contest
the petition only if he deposits the arrears of rent. The payment of rent
to the landlord is considered as the primary duty of the tenant and
unless that obligation is fulfilled, the tenant is not entitled to contest that
petition and therefore, the requirements under Section 12 of the Act is a
condition precedent to contest a Rent Control Petition.
5. As per the order dated 06.03.2024 in I.A. No. 8 of 2022, the
tenant was directed to pay or deposit the admitted arrears of rent within
4 weeks from the date of the order and subsequently the Rent Control
Court also extended the time for payment on the application of the
tenant. However, the tenant failed to pay the admitted arrears of rent
even during the extended time and also failed to show sufficient cause
for non-payment and it was in that circumstance, the Rent Control Court
passed the order of eviction under Section 12(3) of the Act on 06.06.
2024.
6. We find that there is no illegality or impropriety in the
impugned order of the Rent Control Court and the appellate authority
warranting interference in revision.
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In the result, this revision petition is dismissed. However, the
revision petitioner/tenant is granted four weeks' time from today to
vacate the petition schedule room.
sd/-
A.MUHAMED MUSTAQUE,
JUDGE.
sd/-
JOHNSON JOHN,
JUDGE.
Rv
